Legal Question in Criminal Law in California

what can happen to a first afender for robbing a house and stealing the car from the garage and spending 2,500 on stolden credit cards can they get away with it...?


Asked on 9/14/09, 2:58 pm

1 Answer from Attorneys

Robert Marshall Law Office of Robert L, Marshall

Nobody can give you a meaningful answer without a complete review of all of the evidence. Can they get away with? It depends on how much evidence ties them to the crimes.

I also wonder if you are using the term "robbing" correctly. Robbery is using force or fear to take property away from another person. Burglary is entering a structure to commit a theft.

Both robbery and residential burglary are "strikes" under the Three Strikes law. Residential burglary is also "prison presumptive," which means a person convicted of that offense must be sent to prison unless the judge finds it is an unusual case where the interests of justice would be served. The fact that the defendant has no prior record would be one thing the judge would consider.

Of course, it also depends whether the person is a juvenile. Juvenile offenders are much less likely to serve lengthy terms of incarceration than adults.

Read more
Answered on 9/14/09, 3:12 pm


Related Questions & Answers

More Criminal Law questions and answers in California